STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) By way of present appeal, the State has challenged the judgment passed by learned Presiding Officer, Fast Track Court, Mandi in Sessions Trial No. 20/2011 dated 30.09.2011 vide which, learned trial Court has acquitted the accused for commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The case of the prosecution was that on 11.01.2010, HC Orinder Singh, Investigating Officer, Police Station Padhar along with HHC Param Dev, HHC Gopal Dass and HHG Parveen Kumar had gone for patrolling towards Jhatingari in a vehicle bearing No. HP-34-A-8047, which was being driven by Constable Ashwani Kumar. The police party set up a nakka at Kufardhar near Jhatingari. At about 8:30 a.m., a private bus bearing No. HP-65-1817 "Shyama Kali Bus Service" came from Lohardi side which was stopped by the police party for checking. The bus was being driven by Anjani Kumar and Kamlesh was the conductor of the said bus. These two persons were associated by the police party as witness in the course of checking of bus. The accused was found sitting on the bonnet of the bus and he had kept a pithu (raxine bag) of khakhi colour on his lap. As soon as the accused saw the police party, he got frightened as a result of which the police party became suspicious. The bag of the accused was searched in the presence of Anjani Kumar and Kamlesh Kumar and search of the same revealed that it contained one red coulour cloth in the shape of a theli and search of the said theli revealed that it contained red colour polythene, in which charas was found in the shape of sticks. The recovered charas weighed 1kg. 850 grams. The search, seizure and recovery of charas was carried out by the police party in accordance with law and the recovered charas alongwith pithu bag was taken in into possession by the police. A rukka was scribed and sent to Police Station through HHC Gopal Dass, on the baisis of which FIR No. 06/2010 was recorded against the accused at Police Station, Padhar. The accused was arrested and he was communicated the grounds of his arrest. The case property was thereafter produced before SI/SHO Sohan Singh alongwith NCB form and the case property was resealed by the SHO with three seals 'O', who also filled the relevant columns of NCB form. Case property was thereafter deposited alongwith NCB form and sample seal 'A' and 'O' with Incharge, Malakhana, who made an entry to this effect in the Malakhana register and special report of the same was sent to ASP. Case property was sent to the laboratory vide RC No. 10/10 through HHC Param Dev and the chemical examination of the case property revealed that the sample was that of charas. After completion of formalities, challan was presented in the Court and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which the accused pleaded not guilty and claimed trial.

(3.) In order to substantiate its case, the prosecution examined 11 witnesses.